Loan Origination, Preemption, and Litigation

Dramatic Changes Concerning Mortgage Lending and Federal Preemption

• New underwriting standards, automated valuation, and the ability-to-repay requirement
• Changes to uniform residential loan applications
• Reverse mortgages, land installment contracts, HELOCs, home equity sharing, and other non-traditional mortgages
• New RESPA requirements and VA limits on points and other charges
• Restrictions on loan steering, mortgage broker practices and compensation
• Title insurance, private mortgage insurance, attorney fees, new rules for appraisers
• Regulation of interest rates, balloon payments, prepayment penalties, and negative amortization
• New limits on federal preemption of state credit and mortgage laws

Highly Practical; Invaluable Litigation Tips

• Gathering and analyzing key documents
• Survey of all applicable federal and state laws
• Third party liability and 10 limits on the holder-in-due-course defense, including application to electronic notes
• Standing for RESPA claims after Spokeo
• Restrictions on arbitration in mortgage litigation
• Suing failed banks

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